Massachusetts Car Accident Laws: Fault, Insurance, and Your Claim

Massachusetts is a no-fault state that requires every driver to carry Personal Injury Protection (PIP), so your own insurer pays your medical bills and lost wages after a crash regardless of who caused it. To step outside the no-fault system and sue the at-fault driver for pain and suffering, your reasonable medical expenses must exceed $2,000 or your injury must meet a specific verbal exception under MGL c. 231 § 6D.

Is Massachusetts a no-fault or at-fault state?

Massachusetts is one of 12 traditional no-fault states in the country. Under MGL c. 90 § 34M, every auto insurance policy must carry Personal Injury Protection (PIP), and drivers with PIP are generally exempt from tort liability for bodily-injury damages to the extent the injured person can recover those benefits through PIP. In practice, after a crash you file a claim with your own insurer first. Your PIP benefit covers up to $8,000 in medical expenses, up to 75% of lost wages, and replacement-service costs, and it pays regardless of who was at fault.

The no-fault system does not mean the at-fault driver escapes all liability. Massachusetts includes a tort-recovery threshold under MGL c. 231 § 6D. Once your reasonable and necessary medical or dental expenses exceed $2,000, or if your injury results in death, a fracture, loss of a body member, permanent and serious disfigurement, or loss of sight or hearing, you may step outside the no-fault system entirely and bring a lawsuit against the at-fault driver for pain and suffering, mental anguish, and emotional distress. If your injuries stay below that threshold, your recovery is limited to PIP benefits and direct economic damages.

How fault is shared: Massachusetts's negligence rule

Massachusetts applies modified comparative negligence with a 51% bar, codified at MGL c. 231 § 85. Under this rule, your damages are reduced by your own percentage of fault. If a jury finds you 30% at fault for an accident and your total damages are $100,000, you recover $70,000. However, if you are found to be 51% or more at fault, you are barred from recovering anything at all from the other driver.

This rule matters enormously in disputed crashes where both drivers share some responsibility. Insurance adjusters will try to assign you as much fault as possible, because pushing your share above 50% eliminates their obligation to pay your pain-and-suffering damages entirely. That is one important reason to document the scene thoroughly and consult an attorney before giving a recorded statement to the other driver's insurer. Massachusetts's modified-51 rule is more forgiving than the pure contributory negligence used in a handful of states, but it still contains a hard cutoff that can wipe out a substantial claim.

Minimum car insurance in Massachusetts

Massachusetts requires four compulsory coverages on every registered vehicle. As of July 1, 2025, under updated limits tied to MGL c. 90 § 34O and MGL c. 175 § 113L, those minimums are:

• Bodily Injury to Others: $25,000 per person / $50,000 per accident
• Property Damage: $30,000
• Personal Injury Protection (PIP): $8,000 per person per accident
• Uninsured Motorist Bodily Injury: $25,000 per person / $50,000 per accident

The liability minimum increase took effect July 1, 2025 for new policies and renewals; the prior longstanding minimum was 20/40/5. Notably, Massachusetts is one of the few states where Uninsured Motorist coverage is not optional but compulsory. It protects you when the at-fault driver carries no insurance or flees the scene in a hit-and-run. Underinsured Motorist (UIM) coverage is optional but must be made available to you by your insurer.

PIP deductibles between $100 and $8,000 are available, and policyholders with private health insurance may elect to coordinate coverage so that health insurance pays first for the portion above $2,000, potentially reducing the PIP premium.

How long you have to file: the statute of limitations

Under MGL c. 260 § 2A, you have three years from the date a cause of action accrues to file a personal-injury lawsuit arising from a car accident in Massachusetts. For most crashes, the clock starts running on the day of the accident. Missing that deadline almost always means losing your right to sue permanently, regardless of the strength of your case.

There are some practical nuances worth understanding. If you are pursuing a claim against a Massachusetts government entity (a city, county, or the Commonwealth itself) for a defective road or negligent government driver, the Massachusetts Tort Claims Act requires you to file a presentment letter with the government agency within two years. For property-damage claims, the same three-year personal-injury limitation generally applies, though your specific policy's appraisal or lawsuit deadline may differ. If the injured person is a minor, the statute of limitations is typically tolled until the child turns 18, giving three additional years to file. You should always confirm these timelines with a licensed Massachusetts attorney, particularly when a government entity or minor is involved.

For more on Massachusetts civil deadlines, see the Massachusetts statute of limitations page.

What a Massachusetts car accident claim is worth

The value of a Massachusetts car accident claim depends on whether you can clear the MGL c. 231 § 6D threshold. If you cannot, your recovery is largely limited to PIP benefits for medical bills and lost wages, plus direct property damage. Once you clear the threshold, the full range of compensatory damages is available: past and future medical expenses, past and future lost income, and non-economic damages such as pain and suffering, loss of enjoyment of life, and emotional distress.

Under Massachusetts's modified comparative negligence rule, any damages the jury awards are then reduced by your percentage of fault. For example, if your damages total $150,000 but you were 20% at fault, you collect $120,000. The at-fault driver's liability policy limits also cap what their insurer will pay. With the new 25/50 minimums, the most the other driver's insurer must pay is $25,000 per person ($50,000 per accident), which is often well below the actual value of a serious-injury claim. Many Massachusetts drivers carry optional medical-payments, collision, and gap coverage to bridge that shortfall.

Use the Massachusetts car accident settlement calculator to get a rough sense of how these factors combine in your specific situation.

What to do after a car accident in Massachusetts

Taking the right steps in the hours and days after a crash protects both your health and your legal rights.

At the scene: Move to safety if possible, call 911, and request police and medical assistance. Massachusetts requires you to report any accident involving injury, death, or property damage over $1,000 to the Registry of Motor Vehicles (Form CRA) within five days. Exchange names, insurance information, and license plate numbers with all drivers involved.

Document everything: Take photos of vehicle damage, skid marks, traffic controls, and visible injuries. Get the names and contact information of any witnesses. Write down your recollection of events as soon as possible while memory is fresh.

Seek medical care promptly: Even if you feel fine, some injuries (soft-tissue damage, concussion, internal bleeding) appear hours or days later. Getting evaluated creates a medical record that ties your injuries to the accident, which matters when you file a PIP claim or a tort lawsuit. Under MGL c. 90 § 34M, your PIP claim must be submitted within two years, but the insurer may dispute claims where treatment was delayed significantly.

Notify your own insurer: Report the accident to your insurance company promptly. They will open a PIP claim for your immediate medical bills and lost wages. Do not give a recorded statement to the other driver's insurer without first consulting an attorney.

Consult an attorney: Before accepting any settlement offer, particularly for injuries that may require ongoing care, speak with a Massachusetts personal-injury attorney. Most take car accident cases on a contingency fee and offer free consultations. An attorney can evaluate whether you have cleared the § 6D threshold, negotiate with the at-fault driver's insurer, and file suit if necessary within the three-year window.

For more on what happens when the other driver flees, see Massachusetts Hit-and-Run Laws.

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This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Massachusetts.

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Sources

• MGL c. 231 § 6D: Tort threshold (pain and suffering in motor-vehicle cases)
• MGL c. 90 §§ 34A, 34M: No-fault / PIP compulsory coverage
• MGL c. 90 § 34O: Compulsory coverage requirements and limits
• MGL c. 175 § 113L: Uninsured Motorist compulsory coverage
• MGL c. 231 § 85: Comparative negligence
• MGL c. 260 § 2A: Statute of limitations (three years)

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Related: Car Accident Laws Hub | Massachusetts Hit-and-Run Laws | Massachusetts Statute of Limitations | Massachusetts Car Accident Settlement Calculator